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1982 Supreme(Ori) 78

P.K.MOHANTY
BHAGABAT JENA – Appellant
Versus
GOBARDHAN PATNAIK – Respondent


Advocates Appeared:
B.Pal, P.K.Misra

P. K. MOHANTI, J.

( 1 ) THE second appeal is by the plaintiffs against a reversing decree. The plaintiffs brought the suit as representatives of the villagers of Beruan for correction of the entries in the finally published record-of-rights of the year 1965 in respect of plot Nos. 290 and 178 under Khata No. 340 and for a declaration that the villagers of Bairanga represented by the defendants have no right over the said plots and for some consequential reliefs.

( 2 ) THE plaintiffs' case was that the suit plots were the Gochar lands of their village and were used as such since time immemorial. They have acquired right to use the suit plots as Gochar lands either by lost grant or by custom. The suit plots correspond to plot Nos. 74 and 97 under Khata No. 175/1 of the Provincial Settlement and plot No. 362 under khata No. 232 of the Current Settlement. In the year 1912, the then Zamindar of the village leased out plot Nos. 74 and 97 to one Rama Chandra Paltasingh and some others. The villagers of Beruan filed O. S. No. 690/1912-I which was decreed and the suit lands were declared to be the Gochar lands and the lease was set aside. Thereafter, the villagers used the said plots as a











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